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GRAMERCY CO. v. BENENSON

223 A.D.2d 497 (1996)

637 N.Y.S.2d 383

Gramercy Company et al., on Behalf of Themselves and Others Similarly Situated, Respondents, v. Sharen S. Benenson, Individually and as Trustee of Gramercy Park Trust, Appellant 60 Gramercy Park North Residential Corp. et al., on Behalf of Themselves and Others Similarly Situated, Respondents, v. Constance Gibson et al., Individually and as Trustees of Gramercy Park Trust, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

January 30, 1996

The IAS Court properly found that a question of fact exists as to whether defendant trustees of the Park exercised diligence and prudence in the care of the Park, the trust res (see, Matter of Hahn, 62 N.Y.2d 821, 824), where the reports of their experts recommending that certain trees be removed were vague and conflicting. Although defendants assert that all the trees they cut down...

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